Court : Mumbai Aurangabad
..... non compliance of the provision of section 202 (1) of criminal procedure code. ..... been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: provided that no such direction for investigation ..... before the aforesaid amendment, there was discretion to the magistrate with regard to postponing issue of process for inquiry even in cases, where the accused was residing at a place beyond the area of the local jurisdiction of the magistrate. ..... a copy of the said examination is on record and it shows that on a form, which contains printed or print out matter regarding necessary particulars of offence under section 138 of the negotiable instruments act, the information is collected by j.m.f.c. ..... ] another bench of this court has expressed exactly contrary view in the decision dated 9.7.2010. ..... in the case reported as 2010 all mr (cri) 3168 [shri. ..... 5520/2010, in which the order of issue process is made, needs to be stayed. ..... 5520/2010 by 7th judicial magistrate, first class, aurangabad. ..... this decision was given on 8.1.2010. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by the present application, preferred by the applicant under section 482 of the code of criminal procedure, the applicant prays that the first information report, on the basis of which, crime ..... state public health laboratory, pune discloses that the sample of the milk powder sent did not conform to the standards of milk powder, but the said powder is not harmful to human body, as well as the said report in the form of answers to questionnaire discloses that the mixture prepared for the said sample of powder was tested and same was not found to be harmful to the human body and the said report, dated 10.12.2010, sent by the deputy director, health services, state health ..... human body, as well as since the mixture prepared therefrom also is not harmful to the human body and since the investigation has been carried out by the police personnel and not by the food inspector as contemplated under section 11 of the prevention of food adulteration act, and since apparently, there appears to be abuse of process of court, this is a fit case to quash and set aside the first information report, as well as consequent charge sheet filed by the respondent, and hence, present petition ..... 126 of 2010 is registered against the applicant for the offences punishable under sections 272, 328 and 420 of the indian penal code and sections 5, 7 and 12 of the food adulteration act, be quashed and set aside, as well as prayed that charge ..... leave to amend the prayer clause ..... amendment to be carried out forthwith .....
Tag this Judgment!Court : Delhi
..... the procedure being following by the learned trial court of repeatedly fixing the complaint case again for evidence was, therefore, faulty and not in accordance with provisions of summary trial as given in criminal procedure code and negotiable instruments act.3. ..... however, after the amendment in negotiable instruments act, the cases under negotiable instruments act are summary trial cases and in view of the judgment of this court passed in criminal m.c. ..... both the above cited cases relied upon by the petitioners are of the period when amendment to negotiable instruments act had not been made and the cases under negotiable instruments act were summon trial cases. ..... i consider that the trial under section 138 of negotiable instruments act is mandatorily to be proceeded in a summary manner and it is the accused who has to disclose his defence and make an application before the trial court as to why he wants to recall the complainant or other witnesses for cross-examination. ..... the witnesses of the complainant could not have been recalled unless the petitioner had made an application under section 145 (2) of negotiable instruments act and had taken a specific plea why he was not liable to pay the cheque amount. ..... dated 28th july, 2010, the procedure being followed by learned metropolitan magistrate in this case was not a correct procedure. ..... no.1996 of 2010 titled rajesh aggarwal v. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... chapter xxix of the code of criminal procedure deals with appeal(s). ..... section 372 specifically provides that no appeal shall lie from a judgment or order of a criminal court except as provided by the code or by any other law which authorizes an appeal. ..... in view of this observation of the apex court, it can be said that when the amendment is intended to mollify the rigorous of criminal law and particularly when such provisions are in favour of the juveniles, it needs to be presumed that this provision is in the interest of society. ..... the proviso inserted by section 372 (act 5 of 2009) with effect from 31.12.2009, gives a limited right to the victim to file an appeal in the high court against any order of a criminal court acquitting the accused or convicting him for a lesser offence or the imposition of inadequate compensation. ..... in the case reported as air 2010 sc 1140 (sheetala prasad and others vs. ..... the case reported as 2010 cri. l.j. ..... in the case reported as 2010 (12) scc 599 (national commission for woman vs. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) accused gurdeep singh has filed this petition under section 482 of the code of criminal procedure (in short, cr.p.c. ..... ) for quashing criminal complaint no.2 dated 4.1.2011, annexure p/2 under sections 4,5, 19 & 20 of the punjab land preservation act, 1900 and to be read with section 52 (punjab amendment act-2004).54, 66, 67 & 73 of indian forest act, 1927 and section 2 of forest conservation act, 1980 and section 34 ipc, instituted by state of punjab through range forest officer against petitioner gurdeep singh as accused no.1 and accused gopal dass as criminal misc. ..... it is, thus, manifest that the petitioner was not committing the alleged offences on 7.12.2010 as alleged in the impugned criminal complaint. ..... counsel for the petitioner referring to passport annexure p/1 of the petitioner contended that the petitioner who is citizen of united states of america (usa) was not even in india on 7.12.2010, the date of alleged occurrence because prior to it, he had lastly departed from delhi on 30.12.2009 and thereafter came to india on 2.3.2011 only as evidenced by passport annexure p/1. ..... reference was also made to reply of respondents wherein respondents have changed their version and pleaded that on 7.12.2010, the complainant found accused no.2 gopal dass along with some other persons changing the nature of the forest land with consent of the petitioner who is recorded to be owner of the land. .....
Tag this Judgment!Court : Supreme Court of India
..... sessions judge (fast track), chittorgarh allowing application submitted by the prosecution under section 311 of the code of criminal procedure, 1973 (for short, "the code") and directing that trial should proceed against the appellant for offences under sections 3,4, 5 and 6 of the explosive substances act, 1908.3. ..... while repelling the contention raised by counsel for the appellant therein that power under section 311 of the code was being exercised to fill in the lacuna, this court observed that a lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case.the advantage of it should normally go to the accused in the trial of the case, but an oversight in the management of the prosecution cannot be treated as irreparable lacuna. ..... we are prima facie satisfied that the letter of the district magistrate, chittorgarh issued on 1/4/2008 gave good and valid consent as envisaged under section 7 of the act for trial of the appellant for offences under the said act and the learned sessions judge was in error in rejecting the consent letter by his order dated 15/5/2010.the proper course for the prosecution was to challenge that order and have it set aside by the high court. ..... " it must be stated here that by act 54 of 2001, section 7 was amended and the words 'central government' were substituted by the words 'districtmagistrate'.4. .....
Tag this Judgment!Court : Delhi
..... the firstly, that the process under section 82 of the criminal procedure code (the code) was ordered to be issued against the appellant by an order dated 15.02.2010 passed by the learned asj; the process was actually issued by the clerical staff on 02.03.2010 and actual publication was carried out by the process server on 08.03.2010 whereby the appellant was required to appear before the court on 27.03.2010. ..... it is urged that infact on appellants arrest in connected case he himself applied for issuance of the production warrant on 01.10.2012 but instead of acting on his request, a production warrant was issued at the request of the io who effected his arrest under section 41 (1) (c) of the code. ..... second, that section 174-a ipc was inserted by way of amendment by the act of 25 of 2005 and became enforceable w.e.f. ..... was submitted before the court of learned metropolitan magistrate, (mm) rather the learned asj herself tried the appellant for the offence punishable under section 174-a as well in the case under section 307/34 ipc and section 25 of the arms act. ..... a common judgment was passed by the learned asj whereby he was acquitted of the charges under section 307/34 ipc and 25/27/54/59 of the arms act but was convicted under section 174-a ipc.6. ..... on the other hand, the appellant was tried by the learned asj alongwith main case under section 307/34 ipc and section 25 of the arms act. .....
Tag this Judgment!Court : Karnataka
..... evidence on affidavit:- notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said code. 9. ..... so, as could be seen from the aforesaid provision by an amendment to ni act which came into force with effect from 06.02.2003, the complainant in the proceedings under section 138 of the ni act is permitted to file an affidavit and for all the purpose such affidavit is considered as examination-in-chief. ..... in the aforesaid decision, section 145(1) of the act was taken into consideration and in the said case, this court had given direction stating that there is no express bar on the accused to give evidence on affidavit either in the act or in the code. ..... it is the specific contention of learned counsel for the appellant that the trial court committed an error in permitting the respondents to file an affidavit in lieu of chief examination though the law does not contemplate such procedure, therefore, he claims that the court below has committed a grave error in relying upon such evidence of respondents and dismissing the complaint filed by the appellant. ..... on this aspect of the matter, learned counsel for the appellant has placed reliance on the decision of apex court reported in air 2010 sc 1402 (m/s mandvi co-op bank ltd. .....
Tag this Judgment!Court : Chennai
..... writ of mandamus cannot be issued as a transitory order, in the process of the petitioner seeking appropriate remedial action, under either the code of criminal procedure or the amended provisions, under section 13(4) r/w 17(4)(a) of sarfaesi act, 2002. ..... assistant general manager, state bank of india, reported in (2010) 5 lw 560, the court held as follows: "the petitioner has filed this writ petition praying for a writ of certiorarified mandamus calling for the records relating to the possession notice dated 16.09.2004 issued by the respondent under the sarfaesi act and consequently direct the respondent to effect the settlement in accordance with the sbi ots-sme 2010 scheme as contained in its letter dated 18.03.2010 and unconditionally restore physical possession of the six rooms taken physical possession by it at no. ..... contents of both the letters and other documents such as voter id dated 12.06.2009, ration card (june 2005), telephone bill dated 02.03.2006, bank pass book from 13.01.2007, passport issued on 30.07.2009 and driving licence dated 26.02.2010, indicates that the writ petitioner has been in possession of the subject property. 6 ..... state bank of mysore, reported in 2010(2) lw 86, this court held as follows: "this court has repeatedly held in a number of decisions right from the decision in division electronics ltd. v. ..... satyawati tondon, reported in 2010 (5) lw 193 (sc), the hon'ble apex court has held as follows: ..... tondon and others) iii (2010) bc 495 (sc) = 2010-5-l.w. .....
Tag this Judgment!Court : Chennai
..... , (central act 2/74) is omitted by virtue of the indian penal code and the code of criminal procedure [tamil nadu amendment]act, 2006, yet this court is of the considered view that as per section 73 of the indian evidence act, 1872, the learned magistrate can direct the petitioner/a4 present in court to give her fingerprint impression for the purpose of comparison. ..... learned counsel for the petitioners/accused would put forth the following contentions: (i) that the court below has given an illogical reasoning for ordering such an application, especially in view of the fact that section 311-a of the criminal procedure code, amendment act (2005) w.e.f. ..... 23.06.2006 was omitted insofar as tamil nadu is concerned by virtue of tamil nadu amendment act 2006, relating to ipc and criminal procedure code as the same is not notified in tamil nadu. ..... during such course, the respondent seized some documents from the petitioners and in order to verify the signatures found in the said documents along with the signatures of the petitioners/accused herein, the respondent filed the above petitions seeking the signatures of the petitioners in all the four languages and the said petitions were allowed by the court below. ..... what is enumerated under sub-clause (3) of article 20 of the constitution of india has been protected by the hon'ble supreme court itself in the judgment reported in air 2010 sc 197491) [smt.selvi and others vs. .....
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